Did my old solicitor do a proper job?

worrieddad_4

Hi all

I purchased the house we currently live in 6 years ago. The house had an extension and when I instructed my solicitor I specifically asked if she would check if all the proper planning permission was in place.

Now we are selling, I recently had to go to the council to get a letter to prove we had planning permission but they had real problems finding it. After a while they realised its because it had been filed with the previous council who were in charge when permission was given but since then the boundaries were redrawn. Strange I thought because my old solicitor never mentioned anything and I've never had anything from her confirming planning permission had been given.

Anyway, today I find out from my current solicitor that the previous owners who put the extension on, never sought permission from the freeholder. I am left now with 2 options. Firstly to apply retrospectively which will of course delay things and cost me money or secondly to pay £240 for an indemnity policy.

Now that has upset me because isn't this something my old solicitor should have checked on? If I'd have known they didn't have permission I would have insisted they get it since there was months between exchange & completion. Either that or I would have bought the lease off the landlord.

Do I have a claim against my old solicitor?

Thanks

aimex

id say the solicitor has not acted properley here - when you purchased the house they should have applied to the local authority to find out if planning permission was granted etc - one of the general searches that should be done in every case! Especially as these were your instructions!

What does your new solicitor have to say about all this?

The problem with retrospective planning permission as im sure youre aware is that you may not get it granted and could have to take the extenstion down.

silvercar

The problem with retrospective planning permission as im sure youre aware is that you may not get it granted and could have to take the extenstion down.

My solicitor told me you cannot be ordered to take down anything that has been in place for more than 4 years without objection.

[Deleted User]

I agree with Silvercar, however if it doesn't comply with Building Regs you need to take out an indemnity insurance.

aimex

If planning permission was not obtained then i very much doubt that building regulations were obtained either.

worrieddad_4

Sorry all, I think I did not make myself very clear.

The local Council did give their planning permission but my house is leasehold. The terms of the lease state that no alterations/extensions can be made without the landlords permission.

My question is should my old solicitor have checked with the leaseholder/landlord when I purchased to check if they had sought permission.

aimex

oh - a completely different question!

Do you have a copy of the lease? It would help if you set out the wording of the covenant.

I would say the solicitor should have checked this - but, i dont think there is an obligation on them to do so - as you would probably assume that permission had been sought from the landlord.

What does your new solicitor have to say about all this? Do you have letters from your old solicitor confirming your instructions etc?